Upper Mt. Bethel Township today posted a revised draft ordinance providing zoning requirements for datacenters.

This draft ordinance takes a couple steps toward protecting the residents of the Township.

At a glance, there are more stringent height limits and the incorporation of the PA Environmental Rights Amendment. Incorporating that Amendment binds the Township to ensuring an actual environmental assessment; residents then have legal standing to challenge an approval that may not be backed by as assessment.

That said, most of the wide loopholes are still in place, and some technical deficiencies in the draft remain.

Key loopholes remaining in this draft are:

• Exemptions to noise requirements: while reduced noise limits are noted, there are exemptions specific to on-site power generation, which is often the single biggest source of noise.
• On-site, non-emergency power generation: on-site “power generation plants” are defined but their use is never restricted or regulated.
• Generator emissions: adherence to EPA Tier IV generator equipment is recommended but not required; there is a daily limit of non-emergency backup generator testing hours, but no annual limit. There is no limit on power generation plant runtime hours.
• Project size: there is no cap on the size of a single project on any of the following metrics: megawatt capacity, campus size, lot coverage, or impervious surface area.
• Ongoing enforcement: language in the draft ordinance states the Township “may” require monitoring and enforcement, never “must” or “shall.”
• Electrical interconnect capacity: a utility capacity letter is required for projects, but conflicting language allows a developer to request it later in the project than may be intended by the Township.

In addition to the loopholes above, there are some technical issues with the draft that will need resolution prior to consideration by the Township Supervisors:

• Lighting: Section O limits luminairies to 20 feet above their finished grade, while Section DD allows fixtures up to 25 to 30 feet.
• Noise: the definition of generators states they are subject to the 55 dBA noise limit, though the noise section of the draft ordinance exempts “required periodic testing.” Finally, a blanket statement of noise not being perceptible at the property line overlaps with the measurable limit.
• Minor typographical errors: “fuel cells UPC”, “no close than”, etc.
• Language targeting a specific site: the draft directs construction traffic to use River Road; the specific road must be removed and replaced with broadened language.

The technical issues, especially concerning lighting, noise, and road usage, are more significant than they first appear. In cases of conflicting rules in ordinances, the Municipalities Planning Code provides for the least restrictive rule to apply to the landowner. In matters of ordinances targeting specific “persons” (to include companies), the zoning commission may invalidate at least the section of the ordinance which attempts to restrict road usage.